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FTAA - Free Trade Area of the Americas

Draft Agreement

Chapter on Market Access


(Continuation)


[SECTION B. OTHER CUSTOMS PROCEDURES RELATED TO THE ENTRY OF GOODS]15

[Article 17. Temporary admission [/importation] of goods] 

[17…X.1. The Parties shall include in their national legislation procedures allowing for the temporary admission or importation of goods, in order to facilitate the operations of international trade.]

[[17.1. For the purpose of granting the temporary admission of goods referred to in Article ___ of [Chapter] ___ (National Treatment and Market Access) of this Agreement: 

a) such entry shall be requested by a national or resident of another Party, except when this involves goods indicated in paragraph ___ (publicity films) of said Article; and 

b) [the good shall leave the territory within the authorized time period.]]

[b) the good

i. must be used by the visitor, or under that person’s {professional} supervision, in the exercise of the activity, trade or profession of that person, or for display or demonstration in the case of commercial samples and advertising films; 

ii. not be sold or leased while in the territory;

iii. be identifiable;

iv. be presented in quantities no larger than reasonable given the use to be made of the goods, and

v. leave the territory within the authorized time period.

[c) security is posted for the charges that would be owed in the case of final importation, reimbursable when the good leaves. No security shall be required when the good is originating, or in the case of goods indicated in article…]]]

[17.1. Each Party shall grant duty-free admission for the following articles, imported by or for the use of a resident of another Party: 

a) professional equipment, including software and broadcasting and cinematographic equipment, necessary for carrying out the business activity, trade or profession of a business person which qualifies for temporary admission pursuant to the laws of the importing country; and 

b) articles intended for display or demonstration, including commercial samples [, product or service literature] and advertising films.]

[17.2. No Party may condition the duty-free temporary admission of a good referred to in the preceding Article, other than to require that such good: 

be used solely by or under the professional supervision of a resident of another Party in the exercise of the business activity, trade or profession of that person, or for display or demonstration [in][including] [the case] of commercial samples [,product or service literature] and advertising films; 

not be sold or leased while in its territory; 

[be accompanied by a security in an amount no greater than [x% of ] the charges that would otherwise be owed on entry or final importation, releasable on exportation of the good. [No security shall be required when the good is originating [, or in the case of goods indicated in paragraph ___ (advertising films) of Article ___, cited above;]]]

[[shall] be identifiable at the time of its exportation; ]

be exported on the departure of that person or within such other period of time as is reasonably related to the purpose of the temporary admission, initially up to one year from date of importation or such longer period as a Party may establish; 

be imported in no greater quantity than is reasonable for its intended use; and 

be otherwise admissible into the Party’s territory under its laws. ]

[17.3. When the requirements for temporary admission are not met, the Parties shall apply the corresponding tariffs and any other charges that would apply in the case of final importation of the good, and sanctions pursuant to national legislation.]

[17.4. In the case of [entry and] temporary admission of containers and vehicles for the international transport of goods, the Parties shall authorize their exit by any rapid and economical route. Said containers or vehicles may exit through ports other than the port of entry without any charge, condition, or bond being imposed as a result thereof. The vehicle or carrier that removes a container from the territory of a Party may be different from that used in bringing it into the territory. For these purposes, a vehicle shall be understood to mean: a truck, truck tractor, tractor-trailer, or tractor-trailer unit, locomotive, {trailer} {car} or other railroad equipment.] 

[17.5. Each Party, through its Customs administration, shall adopt procedures providing for the expeditious [release] [clearance] of the articles subject to temporary admission. To the extent possible, when such goods accompany a resident of another Party seeking temporary admission, and are imported by that person for use in the exercise of a business activity, trade or profession of that person [or for personal use as household effects for that person], the procedures shall allow for the articles to be [released] [cleared] simultaneously with the entry of that person. ]

[17.6. Each Party shall, at the request of the person concerned and for reasons deemed valid by the national customs authorities, extend the time limit for temporary admission beyond the point initially fixed.] 

[17.7. Each Party shall permit temporarily admitted goods to be exported through a customs port other than through which they were imported.] 

[17.8. Each Party shall relieve the importer of liability for failure to export a temporarily admitted good upon presentation of satisfactory proof to customs authorities that the good has been destroyed within the original time limit for temporary admission or any lawful extension.]

[Each Party will provide procedures related to the temporary importation of goods, which will allow for the provision by the importer of security for the revenue which security should not exceed the duty and taxes ordinarily payable on the goods, and which will be cancelled or refunded, as the case may be, on proof of exportation of the goods within the time period allowed by the Customs authorities.]

Article 18. Reimportation of goods

[18.1. The Parties [will maintain][shall include in their {national} {domestic}] legislation [procedures] which allow[s] for the [duty-free] reimportation of goods [free of duty] where these goods were declared to the Customs Authorities on exportation and where these goods have been returned in the same state or condition in which they were exported.]

[18.1. For purposes of allowing for the reimportation [envisaged in Article ___ of [Chapter] ___ (National Treatment and Market Access) of this Agreement,][of goods exported to another Party for] repairs or alterations shall not destroy the essential characteristics of the good or change it into a new or commercially different good. Operations to transform an unfinished good into a finished good shall not constitute repair or alteration, without prejudice to a part of the good being subject to repair or alteration.]

[Article 19. Importation of commercial samples and printed advertising materials] 

[19…X.1.The Parties shall promote inclusion in their national legislation of procedures that allow for the importation of commercial samples and printed advertising materials, in order to facilitate and streamline clearance processes, maintaining, at the same time, customs control activities.]

[19.1. [The Parties shall provide that] For purposes of {providing} {qualifying for} the duty-free importation [envisaged in Article ___ of [Chapter] ___ (National Treatment and Market Access) of this Agreement], the following requirements shall be met: 

commercial samples: 

i) shall only be for the purpose of gaining orders for goods or services from the other Party, independent of whether or not the goods are originating or whether or not the services are being provided from the territory of another Party or from a non-Party country; and 

ii) [they may not be valued at more than xx, [nor may they] be marked, broken, perforated, or treated {in any way other than for purposes of sale or use}{such as to render them unfit for sale or use other than} as samples]

printed advertising materials: 

i) shall correspond to the classifications in Chapter 49 of the Harmonized System; 

[ii) shall be imported in packages that do not contain more than one copy of each printed item;] and 

iii) the materials and packages may not be part of a larger shipment.] 

[Article 20. Express shipments][ Express shipments clearance] 

[20.1. [Each Party][The Parties] [shall adopt procedures to expedite][shall include in their national legislation procedures that facilitate and streamline clearance procedures for] express shipments, [while] maintaining [the appropriate][custom] control [and customs selection][activities]. [Such procedures shall:

[a) be consistent and as common as possible between the Parties]

provide for separate expedited customs processing for express shipments; 

provide for pre-arrival processing of information and data related to express shipments; 

permit submission of a single manifest covering all of the goods in the shipment by the express service company, through, if possible, electronic means; 

where possible, and with the appropriate guarantees, provide for the release of certain goods through submission of minimal documentation [and deferred payment]; and 

provide, in normal circumstances, for the release of express shipments within 6 hours of the submission of necessary customs documentation [for release], provided the shipment has [arrived at the customs facilities][been presented to customs].]] 

[The Parties will [provide]arrangements for accelerated release of goods consigned to courier services and like entities.]

[Article 21. Low value shipment transactions]

[21..X.1.The Parties shall promote inclusion in their national legislation of procedures that allow for the importation of low-value shipments, in order to facilitate and streamline clearance procedures and maintaining, at the same time, customs control activities.]

[21.1. Each Party shall adopt simplified, streamlined and expedited procedures for low value shipments, while maintaining the appropriate customs control and selection. Such procedures shall: 

a) establish minimal documentation, data and procedural requirements; 

[b) permit [and encourage] the electronic submission of information prior to arrival of the goods; and]

c) allow importation without the use of a customs broker.]

[21.2. “Low value shipments” are importations whose value does not exceed the amount of (US)$1,000 or its equivalent amount in the country’s currency or such higher amount as a Party may establish, provided that such importation does not form part of a series of importations that may reasonably be considered to have been undertaken or arranged for the purpose of meeting the minimum value requirement, and subject to the exceptions listed in Annex ___.]

[21.3. The Parties will provide that, to the extent possible and as appropriate, low-value goods be admitted free of duty.]

[Article 22. Clearance for {domestic} [home] use]

[22.1. The Parties will provide for the refund of duty and shall publish the circumstances in which such refund may be granted.]

[Each Party will maintain legislation and administrative arrangements which provide for procedures regarding – 

- the presentation by importers of declarations related to entry of goods along with prescribed supporting documentation; and 

- the expeditious assessment of those declarations by the customs authorities. 

In addition, each Party will provide for refund of duty and shall publish the circumstances in which such refund may be granted.]

[Article 23. Definitions]

[CHAPTER ON] [CUSTOMS] PROCEDURES RELATED TO RULES OF ORIGIN 16

DECLARATION AND CERTIFICATION

1.1 Declaration and certification.

1.1.1[[[The certificate of origin ]["certificate of origin"17][certification] is the [only][document] [statement, in written or electronic form,] [certifying][accrediting] that the goods are in compliance with the provisions governing origin set forth in this [Chapter][Agreement]and, thus,]] [The Parties shall establish, prior to the implementation of this Agreement, a “certificate of origin” for the purpose of an exporter or producer certifying that a good being exported from the territory of a Party into the territory of another Party qualifies as an originating good as set forth in [Chapter] X.[Certified goods] are entitled to the benefits of the preferential treatment agreed to by the Parties]. [The certificate of origin] ["certificate of origin"][certification] shall be issued by [the exporter/[producer]] [ the entities authorized by the exporting Party for such purpose ] [ the importers ].] [The certificate of origin shall be prepared by the exporter in the country of final production who will present it to the authorized body in the exporting Party.]

[The certificate of origin ]["certificate of origin"][certification]shall be issued by the entities authorized by the exporting Party, without prejudice to deciding that the certificate may be granted directly by the exporter/{importer}{producer}.

The original document must be presented at the time customs is cleared for importation, together with the corresponding commercial invoice.]

[Each Party may require that the certificate or declaration of origin for a good imported into its territory be completed in the language required under its law.]

[The certificate of origin referred to in Annex 1 of this Article shall be used to certify that a good exported from the territory of one {part}{Party} to the territory of another {part}{Party} qualifies as an originating good.]

[1.1.2 [A] [The] [certificate of origin ]["certificate of origin"][certification]shall be [made] [[not necessarily be subject to a] [not be limited to a] prescribed format, provided that [[it is in electronic form]] [with the] [a core set of data elements, to be determined by the Parties, is supplied and bears the] signature of the authorized issuer.]]

[Single formats will be established for both [the certificate of origin ]["certificate of origin"][certification] and the declaration of origin.]

[The certificate of origin ]["certificate of origin"][certification]shall include:

a) a declaration by the exporter that the origin requirements prescribed in the [Chapter] on Rules of Origin have been met;

b) a certificate by the authorized body {in the exporting Party} that the declaration by the exporter is accurate.]

1.1.3 [[In the event that the exporter is not the producer,] for the [{certificate of origin}], ["certificate of origin"][certification] the [exporter][competent government authorities or the authorized agencies][shall [have a sworn declaration [provided by][of origin from] the producer ] ] [may complete [and sign] a [certificate of origin]["certificate of origin"][certification]on the basis of reasonable reliance on the producer’s written representation that the good qualifies as an originating good.] [[have a declaration of origin][issue the certificate based on: a) his knowledge of whether the good qualifies as originating; b) a written declaration by the producer that the good qualifies as originating; or c) the declaration of orgin issued by the producer] provided voluntarily by the producer of the good ]. The declaration of origin shall be valid for a maximum of [____ years][year] from the date of its signature.] 

[The certificate of origin ]["certificate of origin"][certification]shall be backed by a sworn declaration by the final producer or the exporter that the good fulfills the provisions on origin in the Agreement.]

[1.1.3 The declaration of origin from the producer shall be valid for a period of no more than two (2) years, unless there is a change in the conditions of production before then.]

[Each Party shall provide that:

a) where an exporter is not the producer of the good, the exporter may complete and sign [the certificate of origin ]["certificate of origin"][certification]on the basis of: 

i) its knowledge of whether the good qualifies as an originating good, 

ii) its reasonable reliance on the producer's written declaration that the good qualifies as an originating good, or 

iii) a [certificate of origin ]["certificate of origin"][certification] or a declaration of origin; and 

b) the declaration of origin for the exported good is completed and signed by the producer of the good and provided voluntarily to the exporter. The declaration shall be valid for a maximum of two (2) years, as of the date it is signed.]

[Where an exporter is not the producer of the good, the request for the certificate of origin shall be backed by a declaration of origin drawn up and signed by the producer of the good, in compliance with Annex 2 to this Article, and by the corresponding documentation under paragraph 1.A.6 of Article 1.A covering the exported good. The producer of the good shall voluntarily provide the exporter with the declaration of origin and the corresponding documentation.

The certificate referred to in paragraph 1.1.1 shall contain a sworn declaration by the exporter of the good, attesting total compliance with the origin provisions of the Agreement and the truthfulness of the information contained therein.]

1.1.4 [Each Party shall stipulate that] [the certificate of origin] ["certificate of origin"][certification] [signed by the producer or exporter in the territory of the other Party] [covers] [shall cover] a single importation of one or more goods [ into the territory of one of the Parties and shall be presented upon requesting customs processing]; or [ multiple importations of identical goods by the same importer, within a specific period established in the certificate, [not to exceed ____ [months][[1] year[s]]].]

[The certificates may not be issued prior to the date on which the invoice is issued. The description of the good must match the description for the nomenclature code indicated on the invoice.]

[The certificate of origin shall cover a single exportation.]

1.1.5 [For the purposes of its presentation for customs clearance][The certificate [ of origin]shall be valid [ for ___ days ] [ for ___ years ], from the date of its [signature][issuance].] [and must be filled out in the language of the importing Party or the exporting Party. In the latter case, the competent authority of the importing Party may demand that the document be translated.]

[In the event that the goods are temporarily cleared, admitted or stored under control of the customs authority of the Party of destination, the certificate of origin shall remain in effect for the additional amount of time the customs administration has established for said operations or regimes.]
[The date of certification should be the same as or later than the date on which the business invoice was issued. For purposes of certifying origin, the business invoice must be presented in every case along with the certificate of origin].

[When the goods being traded are invoiced by a third country, regardless of whether it is a Party to the Agreement or not, the producer or exporter of the country of origin must declare that the goods will be marketed by a third party, and provide the name and other information on the business that will ultimately invoice the operation of destination.]

[1.A Issuance of the certificate of origin

1.A.1. The issuance of the certificate of origin shall be the responsibility of the certifying authorities of each Party. Each Party shall designate one or more certifying authorities to be responsible for issuing certificates of origin, which may act under federal, national, state or departmental jurisdiction, taking into consideration their representativeness, technical capacity and suitability for providing such service. The certifying authority established by each Party shall be responsible for monitoring the issuance of the certificate of origin.

1.A.2. The names of the certifying authorities, as well as the registry of the signatures of the officials accredited to issue certificates of origin shall be those that the Parties notify or have notified to the other Parties, whether for the registration process or for any change made to such registries.

1.A.3. Requests for the issuance of the certificate of origin shall be made by the final producer or exporter of the good in question, in accordance with paragraph 1.A.6.

1.A.4. The certificate of origin shall be issued no later than five (5) working days after submission of the corresponding request, in accordance with the stipulations of this Article, and it shall remain in force for one hundred and eighty (180) days following its emission. Certificates shall be issued solely on the forms agreed on by the Parties under Annex 1 to Article 1.1. Certificates without all their fields duly filled out shall not be valid.

1.A.5. The certificate of origin may not be issued prior to the issue date of the commercial invoice corresponding to the operation in question; it must either be issued on the same date or within sixty (60) {days} following said issuance.

1.A.6. For the certificate of origin to be issued, the certifying authority must be presented with the corresponding request, along with, when applicable, the declaration of origin as described in paragraph 1.1.3 of Article 1.1 and all the background information necessary to document that the good meets the applicable requirements, such as:

name, corporate name, or commercial name of the requesting party;

legal domicile for tax purposes;

name of the good to be exported and its tariff classification under the H.S. The description of the good must agree with that in the tariff classification under the H.S. and with that set forth on the exporter’s commercial invoice;

evidence showing that the good to be exported complies with the provisions of Article 1.1, 1.2, or 1.3 and with the other conditions eligible for preferential tariff treatment under this Agreement; 

evidence for the following components of the good, indicating origin, tariff classification under the H.S., and, when applicable, value pursuant to Article 1.5 of the Chapter on Rules of Origin and the percentage they represent in the value of the final good:

national materials, components, and/or parts and pieces, indicating:
materials, components, and/or parts and pieces originating in other Party, indicating:
non-originating materials, components, and/or parts and pieces:

descriptive summary of the productive process; and,

sworn statement attesting the truthfulness of the information provided.

1.A.7. The request referred to in paragraph 1.A.6 shall be submitted sufficiently in advance for each certificate request. The requesting party shall maintain the necessary background information to document the good’s compliance with the applicable requirements and make it available to the certifying authority that is to issue the certificate or to the customs authority of the importing Party when so requested.

1.A.8. When a good is exported in a regular fashion, the request referred to in paragraph 6 shall remain in force for up to three hundred and sixty-five (365) days or until such time as the circumstances or facts upon which it is based change

1.B Subsequent issuance of the certificate of origin

1.B.1. Irrespective of the provisions of Article 1.A, the certifying authority may issue a certificate of origin on an exceptional basis after the good or goods in question are exported, if:

a) it was not issued at the time of export on account of errors, involuntary omissions, or special circumstances; or,

b) it can be shown to the satisfaction of the certifying authority that a certificate of origin was issued but was not accepted at the time of importation for technical reasons.

1.B.2. For the purposes of enforcing paragraph 1.B.1., in the request, the exporter or producer shall indicate where and when the goods covered by the corresponding the certificate of origin were exported and the reasons behind the request.

1.B.3. The certifying authority may subsequently issue a certificate of origin only after verifying that the information provided by the exporter or producer on the request coincides with that appearing in the corresponding file, and in the case of the goods referred to in paragraph 1.B.1(a) it shall be accepted by the customs authority of the importing Party within 180 days following the date on which importation into that Party occurred.

1.B.4. A certificate of origin issued subsequently shall be endorsed with the following phrase: “ISSUED SUBSEQUENTLY,” and recorded in the “Comments” field on the certificate of origin.

1.C Issuance of duplicate certificates of origin 

1.C.1 Should a certificate of origin be stolen, lost, or destroyed, the exporter may request a duplicate from the issuing certifying authority. Said duplicate shall be issued on the basis of the export documents that it already has, pursuant to the terms of Article 1.A.

1.C.2. A duplicate issued in this fashion shall be marked with the word “DUPLICATE” in the “Comments” field of the good’s duplicate certificate of origin. 

1.C.3. The duplicate, upon which the issue date of the original certificate of origin shall appear, shall be valid as of that date].

[1.1.6 Exceptions.]

A [ certificate of origin ]["certificate of origin"][certification ] shall not be required: [ The Parities shall not require a certificate of origin for imports of goods in the following instances ]

- for [commercial importation [or importation] for][importations of]non-commercial [purposes of] [(casual)] goods [imported and presented before customs as a personal importation.] [for commercial goods imported as low value shipments.][whose customs value does not exceed US$[___][1000] [1,000 U.S. dollars or its equivalent in the domestic currency of the importing Party] [or a greater value established by each Party ].][ In importations for commercial purposes, the importing Party may require that the invoice contain or be accompanied by a declaration by the importer or exporter stating that the good qualifies as an originating good;]

[- [in the importation][for importations] of goods for which the importing Party has waived the requirement to present a [ certificate of origin ]["certificate of origin"][certification]]

[These exceptions shall only [govern][apply] in the event that the importation is not part of [a series of] [two or more]importations that [ are carried out or are planned to be carried out][ could be considered to have been made or planned] for the purpose of evading compliance [with the certificate of origin requirements. ]][ with Articles 1.1, 1.A, and 1.2]

[The importing Party may establish cases in which it will not require a certificate of origin, based on its domestic legislation.]

[1.1.7 Recognition and acceptance of the [certificate of provenance].]

[Without prejudice to previous provisions, the Parties shall establish a [certificate of provenance] for the purpose of identifying those goods which have been re-exported from a duty-free area of one of the Parties to the territory of [the other][another]Party as goods originating from a third country, provided that the following is observed: 

- the goods have remained under Customs supervision by the re-exporting Party; 

- the goods do not undergo a subsequent transformation or any other operation, except their commercialization, unloading, reloading, or whatever other operation is deemed necessary for the adequate maintenance of those goods; and 

- the foregoing is established by the appropriate documents.]

[Each party shall require re-exporters located in their duty-free zone to complete and sign a certificate of provenance, which must be approved by the competent authorities.

By means of its competent authorities, each party may require that importers within their territory who import goods from the duty-free zone must present the corresponding certificate of provenance and certificate {of origin} for goods which qualify as originating goods under this agreement, and for which tariff preference is requested.]

[For purposes of enforcement of this item (1.1.7), the parties shall establish through their duty-free zones a mechanism for administration and control of such goods.]

[1.1.8 Each Party may require that a “certificate of origin” for a good imported into its territory be completed by the exporter or be translated by the importer into an official language of the Party into whose territory the goods are being imported.]

[1.1.9 Notwithstanding article 1.1.1, an importer may make a claim for tariff benefits under this agreement on the basis of his own knowledge. under such circumstances no certification of origin is necessary.]

[1.1.10 Iin those cases where a claim for preference is based on a certification of origin, the importer is required to have in its possession a copy of the certification, but will not be required to produce it except in specific instances when requested by the responsible authorities].

1.2 Obligations relating to importations 

1.2.1 [ [Each Party shall require][An][A party may require that an] importer who applies for preferential tariff treatment shall:[ for a good imported into its territory from the territory of another Party to] 

a) declare [ in writing ][ in the import document ][ required by its law, based on a valid certificate of origin,] that the good qualifies as originating; 

b) [where the claim is based on {a} certification from another person,] have [the certificate of origin]["certificate of origin"][certification] in its possession at the time the declaration referred to in sub-paragraph (a) is made; [except in those circumstances where such certification is not required.]

c) provide [a copy] of [the certificate of origin][the "certificate of origin"][ the certification] when its customs authority so requests; [and]

[d) submit without delay, a corrected import document and pay the corresponding customs duties when the importer has reason to believe that [the certificate of origin]["certificate of origin"][ the certification] on which its import declaration is based contains inaccurate information. When the importer [voluntarily]complies with the above obligations, it shall not be penalized; and] 

[e) prove to the customs authority that the requirements for [re-exportation] direct shipment, transit and transshipment established in Article ___ of the [Chapter] on [Rules of][the] Origin [Regime] have been met, when appropriate.] ]

[1.2.2 [If] [each Party shall provide that, when] an importer [ in its territory] fails to meet any of the requirements established in this [Chapter] {or} [to the extent applicable, any of the provisions in [Chapter] ___ (National Treatment and Market Access) or [Chapter] ___ (Rules of Origin),] the preferential tariff treatment being requested [ for the good imported from the territory of another Party] [shall][may]be denied.] 

[1.2.3 An importer requesting preferential tariff treatment [on the basis of a certification by an exporter or producer] shall keep [the certificate of origin]["certificate of origin"][certification] and all documentation relative to the importation for a period of ____ [6][5] years, counted from the date of the importation.]

[1.2.4 [If] [ Each Party shall provide that, when] preferential tariff treatment has not been requested [ for a good imported into its territory that would have qualified as an originating good,] [at time of importation], the importer may request that its customs authority return the excess customs duties paid as a result of such preferential tariff treatment having not been granted, within ___[4 years][1 year][180 days] from the date of the importation.] [accrediting the origin of the goods and other requirements that may be established] [, provided that sufficient evidence, as determined by the customs authority of a Party, has been provided.] [provided {[that it has the certificate of origin in its possession and]} that the request is accompanied by:

a) a written declaration, stating that the good did qualify as an originating good at the time of importation; 

b) a copy of the valid certificate of origin [covering the imported goods, issued in accordance with the terms of Article 1.A; ]and, 

c) any such other documentation relating to the importation of the goods as that Party’s customs authority may require.]

{[Each Party shall provide that, where an importer had not requested preferential tariff treatment for a good imported into its territory that would have qualified as an originating good, the importer of the good may, no later than one year after the date on which the good was imported, apply for a refund of any excess duties paid as the result of the good not having been accorded preferential tariff treatment, provided the importer has the certificate of origin in his/her power and includes with the request:

a) a written declaration that the good qualified as an originating good at the time of importation; 

b) a copy of the certificate of origin; and 

c) such other documentation relating to the importation of the good as that Party may require.]}

[Each Party shall adopt the customs procedures for importation clearance under preferential conditions.]

[The importing Party shall accord to goods imported from another Party the tariff treatment applicable to those goods under this Agreement where the importer presents a certificate of origin relating to those goods, and that certificate is prima facie considered acceptable by the Customs Authorities of the importing Party].

[Where the Customs Authorities of the importing Party for any reason do not consider the certificate of origin presented by the importer to be adequate or accurate, the Customs Authorities of the importing Party may not interrupt the import procedures of the goods to which the certificate relates. However, the Customs Authorities of the importing Party may adopt any action necessary to safeguard the fiscal interests of the importing Party, in addition to requesting the appropriate information from the authorised body in the exporting Party.]

[1.3 Obligations relating to exportations.]

[1.3.1 [Each Party shall stipulate that its] [The] exporter [or producer], [who has filled out and signed a certificate [or declaration ] of origin] [ and has presented a request in accordance with paragraph 1.A.6 of Article 1.A, on the basis of which a certificate of origin was issued,], [shall deliver a copy of the certificate [or declaration] of origin to its [competent ]{customs} authority]{customs administration} [ the customs authority of the importing country ] when the latter so requests.]]

1.3.2 [Each Party shall stipulate that its] [The] exporter [or producer] [who [has filled out and signed a certificate or declaration of origin and]]{[has presented a request in accordance with paragraph 1.A.6 of Article 1.A and]} that has reason to believe that said certificate [or declaration] {of origin} contains incorrect information must act without delay to notify in writing all persons to whom [he][the exporter of producer] may have delivered [the certificate [or declaration] of origin, [as the case may be,] as well as [the competent authority][its customs administration] of any change that could affect the accuracy or validity of the certificate [or declaration] of origin [or of the request submitted to the certifying authority that issued the certificate of origin, so that, if deemed necessary, a corrected certificate of origin may be issued; once issued it shall be delivered without delay. Should the declaration of origin contain incorrect information, he shall deliver without delay a corrected version to all persons to whom it was presented, as well as to the customs authority ]. In these cases, the exporter or producer can not be penalized for having submitted an incorrect [certificate] [request][or declaration] [ respectively]]

[1.3.3 The [competent authority][customs administration] of the exporting Party shall communicate in writing to the [competent authority][customs administration] of the importing Party regarding the notification referred to in paragraph 1.3.2.] [Likewise, when the customs administration of the importing Party learns of the usage of false certificates of origin, prompt notice shall be given to the customs administration of the exporting Party.]
[1.3.4 Each Party shall stipulate that the delivery of a false certificate or declaration of origin by an exporter or producer, or any false documents presented by the exporter or producer for the issuance of the corresponding certificate of origin, indicating that a good that is to be exported to the territory of another Party qualifies as an originating good, shall have the same legal consequences, with the appropriate modifications as required by the circumstances, as would apply to an importer in its territory who made false statements or representation in contravention of its customs laws and regulations. In addition, it may apply such measures as warranted by the circumstances, when the exporter or producer fails to comply with any of the requirements of this Chapter].

1.4 Record keeping requirements 

1.4.1 [Each Party shall stipulate that: 

[ (a) An] [The] exporter [or] producer [[or [certifying entity]] that issues] [ that signs a declaration of origin or] a certificate shall maintain, for a [minimun] period of ____[6] {[5]} years from the date the certificate [or declaration of origin] was [issued ] [signed]or [for such longer period as such Party may specify,] all records [referred to in paragraph 1.A.6, all records and documents related to the origin of the good] required to demonstrate the eligibility of a good for preferential tariff treatment, including records associated with: 

(i) the [purchase] [acquisition] of, cost of, value of, and payment for, the good that is exported from its territory; 

(ii) the [purchase] [acquisition]of, cost of, value of, and payment for, all materials, including indirect materials, used in the production of the good that is exported from its territory, and 

(iii) the production of the good in the form in which the good is exported from its territory.]

[a.1) in accordance with the verification process set forth in Article 3.1, the exporter or producer shall provide the customs authority of the importing Party with the records and documents referred to in paragraph 1.4.1(a). When the records and documents are not in the possession of the exporter or producer, he may ask the producer or supplier of the materials to furnish the records and documents so that, with the latter’s authorization, he can deliver them to the customs authority conducting the verification;]

[[(b) An] [1.4.2 The] importer claiming preferential tariff treatment for a good imported into the Party’s territory shall maintain [and make available to the customs administration][ in that territory ], for a [minimum] period of ___ [6][5] years from the date of importation of the good [or for such longer period as such Party may specify, a copy of the certificate] [the certificate of origin] ["certificate of origin"][ the certification] and all other [documents required by the importing Party] {required documentation} relating to the importation of the good. ]

[An exporter or producer who has signed a declaration of origin shall maintain, for a period of five years, the accounting records, documents and other evidence to justify the information on the declaration, including the documents related to: (i), (ii) and (iii). In turn, the entities that have issued a certificate, shall maintain, for the same period of time, all the background data that served as a basis for issuing the certificate.]

[1.4.1. The competent government authorities of the Parties may examine the certificates of origin after entry for consumption or customs release of the good and, if relevant, apply the corresponding sanctions in accordance with their national legislation.

In this connection, the competent government authorities, the non-governmental agencies authorized to issue certificates of origin, and the exporters shall maintain in their files, for a period of no less than … years, the copies and documents relating to the certificates issued.]

[Each Party shall require that exporters who complete certificates of origin maintain all the records and documents related to the origin of the goods for a period of .... years from the date of the certificate of origin and produce the records and documents as requested by the authorised body.]

[1.5 [Obligations of] certifying [authorities][entities]]

[Alternative 1]

[Certification of origin, when required, may be made only by the producer or exporter.]

[Alternative 2]

[1.5.1 Each Party shall [designate][authorize] one or more [certifying authorities][entities] to be responsible for issuing {[certificates of origin] ["certificate of origin"][certification]} They may act under federal, national, state or departmental jurisdiction, [taking into consideration their representativeness, technical capacity and suitability for providing such service. [ An official body ] [ The certifying authority ] established by each Party shall be responsible for monitoring the issuance of [the certificate of origin] ["certificate of origin"][certification] [ and shall coordinate all matters relating to the actions of the certifying authorities. ]]][or under the jurisdiction of any other political-administrative division that the Parties may have.]

[Each Party shall designate one or more authorised bodies which shall be responsible for issuing certificates of origin and for carrying out the related control.]

[1.5.2 The names of the certifying authorities, as well as the registry of the signatures of the officials accredited to issue [certificates of origin] ["certificate of origin"][certification] shall be those that the Parties notify or have notified to the other Parties, whether for the registration process or for any change made to such registries.] 

[The (agency responsible for administering the Agreement) shall maintain an up-to-date record of the certifying agencies authorized by each Party to issue certificates of origin. In addition, it will maintain a list of the names, signatures and seals of the officials authorized to sign the certificates of origin.]

[The list of certifying agencies of the Parties is contained in Annex … of this [Chapter].]

[The Parties shall send to the (agency responsible for administering the Agreement), with sufficient advance notice, any changes to the list, indicating the dates as of which the officials are authorized or no longer authorized to issue certificates of origin. The (agency responsible for administering the Agreement) shall communicate these changes to the other Parties no later than … calendar days after the date that the notification is received. Such changes shall become effective once they are received by the Parties. In addition, by ….. of each year, the (agency responsible for administering the Agreement) shall consolidate the list and circulate it among the Parties.]

[1.5.3 The certifying authorities of each Party shall: 

a) number consecutively the certificates issued and file a copy during a minimum period of ___ years, as of the date of issue thereof. Such file shall also include all the records that serve as a basis for the issue of the certificate. 

b) maintain a permanent record of all the certificates of origin issued, which shall contain, at a minimum, the number of the certificate, the applicant and the date of its issue.] 

[The competent government authorities in matters of origin shall have the following functions and obligations:

a) to verify, when necessary, the declarations of origin that have been presented;

b) to supervise the agencies authorized to issue certificates of origin;

c) to follow the procedures referred to in this Chapters; and

d) to provide the Parties and the (agency responsible for administering the Agreement) with information and cooperation in relation to the matters covered in this [Chapter].

The competent government authorities in matters of origin shall require that the agencies authorized to certify the origin of goods comply with the following obligations:

a) verify the reliability of the declarations of origin presented;

b) present reports on compliance with the provisions of this [Chapter]; and

c) provide the means necessary for supervising their actions.]

[The authorised bodies in the Parties, in carrying out the control provided for in this [Chapter], shall inter alia – 

a) check the accuracy of the declaration presented by the exporter; 

b) provide to the other Parties administrative co-operation required for the control of proof of origin.]

[1.6 Format[s] of [the certificate of origin]]["certificate of origin"][certification][and of the producer’s declaration of origin]

[Once the Agreement has entered into force, the Parties [shall [prepare]][adopt] [shall have prepared and entered into force] a single format for [the certificate of origin] ["certificate of origin"][certification] [and a single format for the declaration of origin [of the producer],] which may be modified by [the (agency responsible for administering the Agreement), subject to] agreement [of the Parties].]

[The certification of origin is not to be limited to a prescribed format, but a party may require that it contain the following core set of data ( to be determined by the Parties as part of the negotiation).]

 
Continuation: [Administration of the Rules of Origin] 

Return to the Index


15 One delegation requests moving Section B prior to Article 9.

16 Square brackets [ ] indicate that different points of view do exist on the text included between them. 
Wiggly brackets { } indicate that differences in translation may exist on texts included between them. 

17 One delegation proposes to make this change each time certificate of origin appears in the document to indicate their position that the proof of origin does not necessary need to be addressed by a certificate in a prescribed format.

 
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